Selected Board

Question last
(December 2018 CLE)
 As a police officer conducting
interview or investigation, when is a
person qualified to be a witness?
a. Can communicate the perception
to others
b. He can store into his memories
such perception
c. He can perceive that is with senses
d. All of these.
 What is the criminal liability of the
accused who with lewd design
brought the woman who is a
minor in secluded place but with
the consent of the latter?
a.Forcible abduction
b.Qualified abduction
c.Simple seduction
d.Consented Abduction
 JAMES testified that while sleeping at that
time, he was awakened by loud voices.
When he looked down from the window, he
saw TATUM’s physical expression pointing to
IRVING to stab stab somebody. But JAMES
was not able to see the actual stabbing.
How can the physical manifestation of
TATUM be useful in court proceedings?
a. It is useful as it can be considered as dying
declaration.
b. It can be used as part of res gestae.
c. It can be used as independent relevant
statement.
d. It can be used as declaration against
interest.
 JAKE committed an act which at the time of
its commission is NOT punishable by law.
However, a new law was passed punishing
said act of JAKE. The new penal law is_______
a. Applicable since criminal laws has generality
characteristics
b. Not applicable because JAKE is not aware
about the new law
c. Applicable since it now punishes the
previously not punishable act of JAKE
d. Not applicable as it will violate the
prospective application of criminal laws
 If the original cannot be
produced anymore in court,
what documentary evidence
may be presented?
a.Secondary evidence
b.Primary evidence
c.Photocopy evidence
d.Replacement evidence
The accused is charged for light felony with
alternative penalty of payment of fine of not
exceeding P200.00. He has been detained for
more than a month already. As a criminologist,
your BEST advice is to_______.
a. Pleads guilty to the crime charged and pays the
line of p200.00
b. Plead guilty, however, his plea of guilty will be
entered on record
c. Plead guilty, the penalty is deemed served
already
d. Asks for the release from detention considering
that he has been detained for more than one
month already without regard to the outcome
of the case
 The crime of concubinage is committed
by a man who is_____.
a. Married and keeps a woman as a
mistress in some other place as his wife
b. Married and had sexual intercourse with
a woman who is NOT his wife
c. Married and had sexual intercourse with
a woman privately at least once in
some motel
d. Unmarried and had sexual intercourse
with a woman who is married
 What is this evidence which
admission is dependent on its
being obtained legally
a. Conclusive
b. Competent
c. Material
d. Relevant
 What is the treatment of the
court on evidence that is
determined to be
incompetent?
a.Inclusion
b.Admission
c.Archive
d.Exclusion
Robbery with homicide is committed
when the_____.
a. Commission of robbery is
accompanied by homicide
b. Killing resulting from robbery is not
parricide, murder or infanticide
c. Commission of robbery is
accompanied by crimes of
homicide only
d. Crime of homicide was committed
on the occasion of robbery
Violation of a penal law that
forbids or commands is_____.
a. Offense
b. Felony
c. Act or omission
d. Crime
Evidence is required to
prove__________
a.Acts of legislature
b.That the crime was
committed
c.The territorial extent of the
philippine territory
d.Laws of nature
Which of the following BEST exemplifies
the concept of continuing crimes?
a. HARDEN killed CURRY. After a week,
raped GANDA and later steals the
chicken of LAKAS.
b. HARDEN wanted to kill CURRY. He threw
a grenade against CURRY. It killed
CURRY and injured LAKAS.
c. HARDEN steal the chicken of CURRY,
while at it, took the chicken of GANDA
and that of LAKAS.
d. All of the above
• After arraignment and pre-trial, the accused
did not appear in court anymore. Despite due
notice and issuance of warrant for his arrest,
the accused still failed to appear. Can the
court continue with the trial of the case?
a. NO, the court cannot proceed with the trial of
the case because the accused has the right
to confront the witnesses.
b. None of these.
c. Yes, the court can proceed with the trial of
the case in absentia of the accused.
d. Yes, the court can proceed with the trial of
the case dispensing the presentation of
evidence of the accused.
• In the commission of the crime, the
accused did not stop because of
spontaneous desistance until he
performs all acts of execution but
does not produce the felony,
commission of the crime is in the
_______stage.
a. Subjective
b. Frustrated
c. Attempted
d. Objective
A person committed the
crime of rape as amended,
he/she is committing a_____.
a. An act or omission
b. An offense
c. A felony
d. A crime
• The defense shall offer in evidence
its documentary evidence at the
time_______.
a. The exhibits are identified and
marked
b. The exhibits are formally offered
c. The defense witness is called to
testify
d. As ordered by the court to offer
the testimony
• Which of the following is not
considered as BEST evidence?
a.Replacement evidence
b.Primary evidence
c.Photocopy evidence
d.Secondary evidence
• What is this theory in criminal
law wherein the exercise of
free will is recognized however
the person still commits the
crime contrary to his volition?
a.Psychological
b.Neo Classical
c.Positivist
d.Classical
• The crime committed is punishable by
imprisonment of at least 4 years, 2 months
and 1 day. The crime was committed in the
province. Where should the complaint be
filed in order to initiate the criminal action?
a. To file the Information directly with the
Regional Trial Court.
b. At the police station for warrantless arrest
and inquest proceedings.
c. At the prosecutor’s office for the conduct
of preliminary investigation.
d. To file the complaint directly with the
Municipal Trial Court.
Piracy as defined under article
122 of the revised penal code
can be committed only_____.
a.Within the philippine waters
b.Both in internal lands and
wasters
c.In the high seas
d.Anywhere in the philippine
• A person is about to commit a crime in your
presence. As a police officer, what would the
appropriate course of action to do considering
that the crime is yet in consummated?
a. To identify the person and file a case for
preliminary investigation.
b. To detain the person while waiting for the
issuance of the warrant.
c. To wait for the crime to be consummated,
before arresting the person.
d. To arrest the person even without a warrant of
arrest.
What is this concept in evidence
where no other documentary
evidence is required by the
court to be submitted?
a.Replacement evidence
b.Secondary evidence
c.Original evidence
d.Photocopy evidence
• Which of the following public
officers cannot be liable for the
crime of arbitrary detention?
a.Agent of a person in authority.
b.Chief Finance Officer of the
City.
c.A person in authority.
d.Jail Officers.
• When the accused interposes
self-defense, what is MODIFIED in
the court proceedings in so far as
the presentation of the witness?
a.None of these.
b.The order of presentation of
evidence.
c.The burden of proof.
d.The presumption of innocence.
The most reliable form of
evidence in the hierarchy
of evidence is _____.
a.Testimonial evidence
b.Direct evidence
c.Real evidence
d.Documentary evidence
• The defense shall offer the
testimony of its witness during the
time_____.
a. As ordered by the court to offer
the testimony
b. The defense witness is called to
testify
c. The exhibits are identified and
marked
d. The exhibits are formally offered
• In all criminal cases, the accused is
presumed innocent. Thus, the
prosecution has the burden of
proof. Between the accused and
the prosecution, who should present
the evidence first?
a. The accused
b. It is up to the court.
c. The prosecution
d. None of these.
• If ACE is a resident of Valenzuela City but
he committed the crime in Manila
against JAKE who is a resident of
Caloocan City, the case should be filed
in_____.
a. Caloocan City where JAKE is a resident
b. Manila, where the crime was committed
c. Any prosecutor’s Office in Metro Manila
d. Valenzuela City where ACE is a resident
• What do we refer to evidence
that is NOT required to be
presented in court?
a.Confession
b.Admission
c.Judicial notice
d.Direct evidence
• Military personnel who committed
the crime of rebellion and
coup’de etat can be subjected to
court martial proceedings. What is
the nature of court martial
proceedings?
a. Civil case
b. Sui generis
c. Administrative case
d. Criminal case
• Which of the following question will ask
to determine if the testimony of the
witness will be hearsay?
a. I will ask about his relations with the
parties involved in the incident
b. I will ask the reason why he was at the
crime scene
c. I will ask the witness the reason why he is
willing to testify
d. I will ask if the witness has personal
knowledge about the crime
• The authentication of private document
offered in evidence is NOT required_____.
I. When it is offered as an authentic
document
II. When it is more than 30 years old,
produced from custody in which it would
naturally be found if genuine, and is
unblemished by any alteration or
circumstance of suspicion.
III. When it is less than 30 years old at the time
of its presentation.
a. II C. II, III
b. I, II D. I
• Which of the ff. exemplifies the concept of
simple complex crime?
a. HARDEN wanted to kill CURRY, HARDEN set
the house of CURRY resulting to the death of
CURRY
b. HARDEN wanted to kill CURRY. He threw a
grenade against CURRY. It killed CURRY
and injured DURANT.
c. HARDEN killed CURRY, after a week, raped
GANDA and later steals the chicken of
DURANT.
d. HARDEN steal the chicken of CURRY, while at
it, look the chicken of PAUL and that of
DURANT.
• What is the rule in the evaluation
of evidence where the
evidence in a criminal case is
evenly balanced so that the
constitutional scales is filed in
favor of the accused?
a.Balancing Rule
b.Presumption of innocence
c.Equipose Rule
d.Exclusionary Rule
• For the attempted stage to exist one of
the requirements is that there must be an
“overt act”. Over acts in attempted
stage means_____.
a. A physical undertaking as can clearly be
seen by police officers
b. An outward manifestation that the
person is about to commit a crime
c. A physical act indicating the intention of
the accused to commit a specific crime
d. An obvious physical activity directly
observed by the police of any possible
crime
• Pre-trial process is where the parties
stipulate on facts and evidence. What, in
general, is the purpose of Pre-trial?
a. To settle the civil aspect of the criminal
case.
b. To comply with the Order of the court to
expedite the court process.
c. To determine matters that will promote
a fair and expeditious trial of the case.
d. To determine if the accused will enter
into a plea of guilty.
Which of the following are allowed by the
Rules in order to initiate the filing of a
concubinage case?
a. The case of concubinage can be initiated
even without the complaint of the
offended spouse.
b. The case of concubinage can only be
initiated by the complaint of the offended
spouse.
c. None of these.
d. The case of the concubinage is a public
offense, it can be initiated by the police.
• The subject matter of the litigation is the
content of a photocopy of a document.
What is the best evidence to prove the
content of document?
a. The testimony of witnesses to the
content of the original document.
b. The secondary evidence if the original is
lost.
c. The subject photocopy document the
contents of which is in issue.
d. The original of the documents which
was photocopies.
• To qualify as a witness one should be
able to________
a. Answer the questions of the court
and counsels
b. Protect the rights and interest of the
complainant
c. Understand the duty to tell the truth
in legal proceedings
d. Protect the rights and interest of the
offended party
• A father who killed his daughter
under the circumstances
provided by Article 247 of the
Revised Penal Code is_______.
a.Liable for the crime of parricide
b.Liable for the penalty of destiero
c.Exempt from criminal liability
d.Liable for the crime of murder
 CARDO is a police officer, HIPOLITO is the
offender.
• Supposed that while escorted to attend the hearing
for his case for the crime of murder. HIPOLITO
escaped, After more than 20 years, CARDO chanced
upon HIPOLITO and arrested the latter for the crime of
murder. You are police officer CARDO Did the
penalty prescribe the crime of murder?
a. None of these
b. No, because the prescription of crime for murder is
30 years
c. No, because HIPOLITO are not yet convicted of a
crime
d. Yes, because it has been more than 20 years
already since his escape
 CARDO is a police officer, HIPOLITO is the
offender.
• Supposed that while escorted to attend the
hearing for his case for the crime of murder.
HIPOLITO escaped, After more than 30 years,
CARDO chanced upon HIPOLITO and arrested
the latter for the crime of murder. Did the crime
of murder prescribed?
a. Yes, because it has been more than 30 years
yet the case was not terminated
b. None of these
c. No, because the case has been filed already
and HIPOLITO escaped.
d. Yes, because he was not arrested by the
authorities for more than 30 years
 CARDO is a police officer, HIPOLITO is the
offender.
After conviction for the crime of murder and while
being escorted for transport to the National Bilibid
Prison. HIPOLITO escaped. After more than 20 years.
CARDO chanced upon HIPOLITO and arrested the
latter so that he may serve his prison sentence for
murder. Did the penalty for the crime of murder
prescribed?
a. No, he was not yet committed to the National Bilibid
Prison
b. Yes, because it has been more than 20 years
already since his escape after his conviction.
c. None of these
d. No, because the prescription of penalty for the
crime for murder is 30 years.
 CARDO is a police officer, HIPOLITO is the offender.
After conviction for the crime of murder and while being
escorted for transport to the National Bilibid Prison.
HIPOLITO escaped and went to the US wherein the
Philippines has extradition treaty. After more than 30 years.
CARDO chanced upon HIPOLITO and arrested the latter
so that he may serve his prison sentence for murder. Did
the penalty for the crime of murder?
a. None of these
b. Yes, because the prescription of penalty for the crime for
murder is 30 years and the Philippines has extradition
treaty with USA.
c. Yes, because it has been more than 20 years already
since his escape after his conviction.
d. No, because the prescription of penalty does not start to
count if the escapee went to a country without
extradition treaty.
 CARDO is a police officer. HIPOLITO is the
offender. LAKAS is the victim.
Suppose that an investigation was conducted for
the death of LAKAS, and after more than 6 years of
investigation, CARDO discovered that HIPOLITO is
the perpetrator and is dead already. The wife of
LAKAS wanted to pursue the filing of the criminal
case. What advice can you give to the wife of
LAKAS?
a. That the death of HIPOLITO does not result to civil
liability.
b. That the death of HIPOLITO absolutely extinguishes
the criminal liability
c. None of these
d. That the death of HIPOLITO does only partially
extinguished the criminal liability.
CARDO is a police officer. HIPOLITO
is the offender. LAKAS is the victim.
Supposed that HIPOLITO manifested his
intention to apply for parole, what is your
advice to HIPOLITO?
a. That parole cannot be granted
considering the opposition of the wife of
LAKAS.
b. That he should serve first the minimum
penalty.
c. That he is not qualified because the
penalty for murders is reclusion perpetua
d. None of these.
 CARDO is a police officer. HIPOLITO is
the offender. LAKAS is the victim.
• suppose that HIPOLITO after conviction for the crime of
coup’de etat manifested to you that he wanted to avail
of amnesty. What will be your advice to him?
• A. None of these
• B. That he is not qualified because coup’de etat is a
crime against those in government.
• C. That he is not qualified considering that the
crime committed is highly political.
• D. That he should get a recommendation from the
Office of the President and to be concurred by the
Senate.
 CARDO is a police officer. HIPOLITO
is the offender. LAKAS is the victim.
Suppose that HIPOLITO after conviction and
pending appeal manifested to you that he
wanted to avail of absolute pardon, what will
be your advice to HIPOLITO?
a. That he is not qualified because coup’de etat
is a crime against the President.
b. That he should get it from the President
without concurrence from the Senate.
c. That he is not qualified because the
conviction is not yet final.
d. That he is not qualified considering that the
crime committed is highly political.
 LINO is a police officer, ACE is the offender, LINO
arrested Ace without a warrant for the commission of
a crime.
• Suppose that the crime committed by ACE is under the
law punishable by imprisonment classified as less grave
offense. When may LINO be liable for arbitrary detention?
a. He will be liable for arbitrary detention, if he fails to
deliver Ace to proper judicial authorities within 12 hours
from the time of arrest.
b. He will not be liable for arbitrary detention considering
that the arrest is based on legal ground.
c. He will not be liable for any crime, because he arrested
ACE for the commission of a crime.
d. He will be liable for arbitrary detention if he fails to deliver
ACE to proper judicial authorities within 18 hours from the
time of arrest.